Thanksgiving is a time of love and family. Where we can all express what we’re thankful for. But we deal with personal injury claims for a living. So Thanksgiving is also a minefield of civil law dangers where you could be liable for, or the victim of, horrific circumstances. So without further ado, here is our list of 4 Thanksgiving Liabilities that you should know about.
#4 — Turkey Fryers
‘Twas the night before Thanksgiving, when all through the house,
Not a creature was stirring, not even a mouse;
The turkey was placed, frozen, in the sink to thaw
In hopes that this year’s bird would leave the family in awe
Father was nestled all snug in his bed,
While visions of praise danced in his head.
And Mamma in her kerchief, and the kid in their cap,
Had already settled in for a long fall nap.
When out in the garage there arose such a clatter,
Mom sprang from her bed to see what was the matter.
Away to the window she flew like the flash,
Tore open the shutters and threw up the sash.
And the garage was on fire.
Turkey frying can be a dangerous game. According to the National Fire Protection Association, an estimated $15 million in property damage, 60 injuries, and five deaths can be attributed to the use of a turkey fryer. Why does this happen? Sometimes the oil can be too hot or the turkey too frozen. Luckily in most cases, standard Homeowners Insurance policy will cover your house. It could subject you to liability if the fire causes your neighbor’s house to burn or the unthinkable happens and someone loses their life.
This year, if you are frying a turkey make sure the oil is the correct temperature (varies depending on type of oil) and that your bird is thawed before dropping it into the oil.
#3 — Dram Shop/Social Host
At many a Thanksgiving dinner there will be alcohol served, but this can open the host of the dinner up to liability. Let’s say a guest shows up to your family function. You have a pretty good amount of alcohol there and the guest decided to help himself. It soon becomes clear that your guest is inebriated. But the pumpkin spice Jell-O Shots won’t take themselves, so you pass them around. As the night winds down and people start leaving the guest decides that he will drive himself home. On the way, the guest causes a serious car accident and the person they hit is seriously injured.
The Dram Shop Act made it so that businesses who sell alcohol can be held liable if a patron at their bar or restaurant is overserved, drives home, and injures someone. The same principles can also apply to hosts of social events, such as Thanksgiving dinner. Drinking and driving is NEVER a good idea and every year thousands of people die as a result of drunk driving. If you see something, say something. Do not let an intoxicated person get behind the wheel. It is not only the right thing to do, but you could be held liable for whatever part you played in the drunk driver’s actions (or at least in him getting drunk in the first place). I encourage people to have a plan before drinking and to stick to that plan. **Editor’s note: as long as the “plan” is NOT to get drunk and drive. That’s a very bad plan.**
#2 — Food Poisoning
Last year’s Christmas dinner with the family was a mess. You didn’t get your work bonus, you stapled yourself to the gutter while hanging Christmas lights, and you had to deal with Cousin Eddie emptying his RV sewage out into the storm sewer. You finally sit down to eat and the turkey Cousin Catherine cooked was way overdone. She felt horrible and blamed it on Cousin Eddie. This year for Thanksgiving she wants to redeem herself. She begged and begged you to allow her to bring the Turkey. You gave in.
In an effort to not make the same mistake as she did on Christmas, she purchases a turkey that has already been cooked from a local truck stop. The turkey tastes great, the whole family is relieved and praising Cousin Catherine, but a short while later the bathrooms are taking some serious abuse from the whole family. Catherine admits to the family that she has purchased her turkey already cooked. Is the truck stop liable for the injuries suffered by the family?
When it comes to food preparation the person making a claim for the undercooked food alleges that the cook was negligent in the food preparation. Here, the family must prove that the truck stop failed to prepare and serve its turkey in a manner that was safe for human consumption and that as a result of eating such turkey, the family sustained injuries and damages.
Food poisoning can ruin the Holidays and be dangerous to your health. Whether you’re buying food from a restaurant, or making it yourself, make sure you’ve got your bird up to a safe temperature and don’t undercook that oyster stuffing. That’s something your whole family will be thankful for.
#1 — Fights
Some things just go together. Turkey & Stuffing. Mashed Potatoes & Gravy. Thanksgiving & family fights. Sometimes Thanksgiving dinners can get out of hand. Maybe your mother and your father do not like your significant other or do not necessarily agree with your decision to go into the lucrative business of selling premium snapchats. Mix some roast turkey with a little bit of Wild Turkey and you could have a Thanksgiving like the one above.
Obviously, a fist fight could result in some criminal charges. Battery or disorderly conduct come to mind. But, depending on the facts, fighters could make claims against each other for physical injuries. Grandma could even make a claim for the property damage caused when the fracas broke out.
What’s important to know, is you’re not going to have insurance to cover damages caused in a fist fight. So if your cousin is arguing politics with you and you break his face with a punch. You could be on the hook for hundreds of thousands of dollars of medical bills if they get badly hurt.
So no matter how tempting it might be to settle differences with a little fisticuffs, you should settle these differences like family…..ya know, but trying to get grandma to write them out of the will.
So that’s our list of 4 Thanksgiving Liabilities. Happy Thanksgiving to all of our friends & family out there. Be thankful for all of your blessings and be safe out there!